In the Matter of Wendy R. Barnes

Wendy R. Barnes, a licensed Georgia attorney, pleaded guilty in Cobb County Superior Court to two felony counts of obstructing a law enforcement officer and one felony count of aggravated battery after resisting arrest and injuring an officer. A superior court judge sentenced her under Georgia's First Offender Act to ten years, with one year to serve. After learning of the convictions, the State Bar of Georgia asked the Supreme Court of Georgia to discipline her under the Bar's expedited rules for lawyers convicted of crimes. A Special Master held a hearing, which Barnes did not attend, and found that her felony convictions violated the rule barring lawyers from being convicted of a felony. The Special Master recommended disbarment, and Barnes did not challenge that recommendation. The Supreme Court of Georgia agreed and ordered her removed from the rolls of lawyers allowed to practice in the state.

A lawyer's felony convictions for obstructing a law enforcement officer and aggravated battery against an officer violate the rule against being convicted of a felony, and because the crimes involved violent conduct and interference with the administration of justice, disbarment is the appropriate sanction.

The decision removes a convicted felon from the practice of law in Georgia and reinforces that violent felony convictions, especially those involving harming police officers, will typically result in disbarment, protecting clients and the public.

Disbarred

1. The court looks to the American Bar Association's disciplinary standards for guidance, considering the duty violated, the lawyer's mental state, the injury caused, and any aggravating or mitigating factors.
2. Barnes's felony convictions for obstruction and aggravated battery involved a violent criminal act that necessarily included intentional interference with the administration of justice and caused actual physical injury to an officer, which under ABA Standard 5.11 points to disbarment as the presumptive penalty.
3. In aggravation, the Special Master considered that Barnes had substantial experience practicing law, which can increase the seriousness of professional misconduct.
4. In mitigation, the Special Master weighed the absence of any prior disciplinary history and the absence of evidence that Barnes acted with a dishonest or selfish motive.
5. The court noted that Georgia precedent treats disbarment as the typical sanction for violent felonies and for felonies involving interference with the administration of justice, such as obstructing police, supporting disbarment here.

• attorney disbarment
• felony conviction
• obstruction of police
• aggravated battery
• State Bar of Georgia